HomeMy WebLinkAboutD-123 Tract 34 Santa Rosa Park Recorded 09/03/1946Con!Oerafiott of...-...- - -. ..-...-..- ...- TE[.AND- a�1100... = - - ... -...' .Dollars
• - 57I�KFI4�kII. sinza.0-- m-A-------------------------------------------------------------- - - - - --
Do- es -... Hereby Grant to. .................... GITY..OF.. Uml. ........................•----------------------------------- -.....
---••------------------------------•----••---------- •---- •-------- ----------------------- ------ ••--•- - - -• - -
all that Real Property situate in the ..... ...... Uty...0.f ... .. Laia.. QbispQ --------------------------------- ---------------------------------
County of --------- _ --- - Lui -S.- Obispo
........................ - ............................. . State of California, described as follows:
Tract No. 34, according to map recorded
July 1, 1941 in Book 5 of Maps, at page
55, records of said County.
SUBJIICT TO:
1: Taxes for the fiscal year 1946 -47.
2: Conditions, restrictions, reservations
and rights of way of record.
WITNESS ......... My ........................ hand. ....... this ......... 29th................ day of .------- -- ------- -- -J.111.Y - ••- -... . 194.5......
1.1 12 -6-95 10M
----------------------------------------------- ---- ---------------- - ---------------------------- -- ---------- -- -------- ------------------
................................................ -
STATE OF CALIFORNIA,
ss...
County of- ....... San --- Lld7.; ... biS. AQ .. .. ..... .. ....................
On this .................. 29tb. ............................. day of ............... sT. Uly ------------------------------- -........ 194.6....._.., before me,
- -------------- -_ aL ... ?.- MCCLLPM ..... : .................................................. a Notary Public in and for said County and State,
personally appeared ........................ Y....ti' ?1 QILQI? dei}......_.....-------------------------------------------------------- ---------- ---------- --- -- - - - ---
known to me to be the person ........ described in and whose name ------------ %s --------------------------- subscribed to the within
instrument, and acknowledged that. ....... he. ....... executed the same.
WITNESS my hand and official seal th ay and ear in this certificate first above written.
_ c
......................... - --------- ---c - - --- -- - - -- --- --- - - - - -- ...................
Notary Pnblic in and for said County and State.
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16
GENERAL OFFICERS
VVM. S. PORTER, PRESIDENT AND GEM. MANAGED P 1 C 6Tq LN� jCU RITY
JAS. R. FORD, [x[cUTNE vlcE PRESIDENT
JE ` G•!4'
P. S. PADGET, VICE PRESIDENT -4�t
E. M. MCCARDLE, vICE PRUIPENT
JOHN L. PRINCE, v¢C PRESIDENT
INN. H. B. HATMOND, BEST. AND GEN. CODNDIL 1119 CHORRO STREET
BESSIE L. PETERS, TREASURER ADDRESS ALL COMMUNICATIONS TO P. O. BOX 202
TELEPHONE 1018
Cf§ttn Tafis f®hispu, (gal m-Ifm
September 16, 1946
Mr. J. E. Brown
City Clerk
San Luis Obispo, Calif.
Re: Our Escrow No. 23931
Dear Mr. Brown:
We have completed the escrow between the City of San
Luis Obispo and W. C. Wickenden and we enclose the
following:
1: Statement of Receipts and Disbursements.
2: Policy of Title Insurance.
SAN LUIS OBISPO OFFICERS
J. E. MCCLURE, VICE PPESIC[N} ANC NANACEII
OLIVE G. KETCHUM, VICE PPCO. A.P AEBT. SECT.
R. F. FARAGNER, TITLECFVICER
The deed in favor of the City of San Luis Obispo will
be forwarded from the County Recorder as soon as it has
been copied on the records.
Yours very truly,
'6
Waneta Hurd
Escrow Clerk
WH/91
Enc. 2
OFFICES: EgGM1CLG "GESNO LOS ANGELES NEPCFO PU'rPSIDE SAN LUIS OBISPO SANTA BARBARA VISALIA
[L BAACENTN0 HANFORD MADERA MODESTO SAN BERNARDINO SANTA ANA STOCKTON
v
ESCROW STATEMENT
P:w
C
an Luis Obispo, ca-Lff.----W
STATEMENT OF:-- - - - - -: City- of.- San-IALs-Zbispo ---------------
--------- a/a.-City --- Clerk ---------------------------------
0
...............
--------- N�"..Luis--Qbispo...Ca1if. Escrow No.---.23931 --------------------------------------------
----------------- ---- ------------ -----------------------------------------
-------------------------------------------------------------------------- Date ...... Septmher --- 16..4 .. 1946 ...... - .......................
--------------------------------------------------------------------------
--------------------------------------------------------------------------- DEBITS CREDITS
..................... .. ..... . ....... ............. ............... _..........1.590.07 -50.
................. ............. ........... 15v=.. 0.0......................... - -- . - -- -- ...........
................. ...... ..... ..... . . .. ... . ..... . ....... .. .... .. ......... .. .. .. ...... ........ .
.............................. .............................................. ............................. ...........
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.................. ............ ............................... .............. .............................. ..........
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COPY
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�� �ort�iblrrt�oo of .....
.- __- ._ -._.- - T1- ,EIiJD- 001100... - - -- = =-
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Do-- as -• -. Hereby Grant to.- ........ - CITY-.. QF.. �. 9i` I__ i, UU__ 9. 11 52%------- ---- ---- •- -_._..----- --- --- - - --
........................................................... - ... a- Municipal,_corUoration ._.._..._._.__._...._.
all that Real Property situate in the ._ ........... ity -of, -San, Luis -- Obi.$- pg---------------------------------- --------- ---------- ------------
County of--- - - - - -• San _Luis„ Obispo ----------------- - ----- - ------------ - ------------ ---- - - - --- State of California, described as follows:
Tract No. 34, according to map recorded July 1,
1941 in Book 5 of Maps, at page 55, records of.
said County.
.n,.,..
•r .
SUBJMT TOr:
1: Taxes for the fiscal year 19116 -47. ,.
2: Conditions, restrictions, reservations and
rights of way of record.
(&e-�l �
WITNESS .......... Y. ....................... hand - - - - - -- this ............ 2Sth ...... - ..... day of ----------- July-.......................... 191-6
LA 12-6-45 IOM
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J
Mr. J. E. Brown
City Clerk
San Luis Obispo, California
Re: Our Escrow No. 23931
Dear Mr. Brown:
Ile enclose a statement'covering the purchase of Tract Ito.
34 of San Luis Obispo County by the City of San Luis Obispo.
Also enclosed is a copy of the deed to said Tract to be
used in drawing the necessary resolution of acceptance of the
deed. Receipt of this resolution will enable us to record
this deed.
it is our understanding that the thirty day period necessary
after the final passage of the ordinance authorizing this
purchase will expire on August 29, 1946.
Yours very truly
� �GL
waneta Hurd
Escrow Clerk
I,VH /gl
Iic. 2
OFFICES: BAAEa,nELD FRESNO LOSANGELE5 MERCED Rrv[R31DE SANLUISCBISPD SANIAMREARA VISAUA
fL CCNTRO HANFORD MADERA MODESTO SAN BERNARDINO SANTA ANA STOCKTON
r.
GENERAL OFFICERS
E�
SAN LUIS OBISPO OFFICERS
WM. S. PORTER, PRESIDENT AND OCN. MANAGER
JAS. R. FORD, EEEtNTrvE W[[ PRESIDENT
�O[ ,' �� +.M.
L: STx6xOT S §CURS �T`
—^� �� _a,}, y� � ` nT{ �� . _ y
' t� k
J. E. MCCLURE VICE PRESIDENT AND MANAGER
OLIVE C. RETCHUM, vac[ se[s. env e[si. e[CV.
R. S. PADGET, VICE PRESIDENT
_ee1
[H[ E. SHIPSEY, essT. s[cv.
E. M. MCCARDLE, VICE PRESIDExT
JOHN L. PRINCE. VICE PRESIDENT
-
vrM. H. B. HAYMOND, SECT. AND DEN. CDUNCIL
1119 CHORRO STREET
BESSIE L. PETERS, TREASURER
ADDRESS ALL COMMUNICATIONS TO P. O. BOX 202
TELEPHONE 1015
p�BY[ Xum-s (91fislav, KbAlllIIilt[c`[
August 27, 1946
Mr. J. E. Brown
City Clerk
San Luis Obispo, California
Re: Our Escrow No. 23931
Dear Mr. Brown:
Ile enclose a statement'covering the purchase of Tract Ito.
34 of San Luis Obispo County by the City of San Luis Obispo.
Also enclosed is a copy of the deed to said Tract to be
used in drawing the necessary resolution of acceptance of the
deed. Receipt of this resolution will enable us to record
this deed.
it is our understanding that the thirty day period necessary
after the final passage of the ordinance authorizing this
purchase will expire on August 29, 1946.
Yours very truly
� �GL
waneta Hurd
Escrow Clerk
I,VH /gl
Iic. 2
OFFICES: BAAEa,nELD FRESNO LOSANGELE5 MERCED Rrv[R31DE SANLUISCBISPD SANIAMREARA VISAUA
fL CCNTRO HANFORD MADERA MODESTO SAN BERNARDINO SANTA ANA STOCKTON
04
�.SCROW STATEMENT
� and "p=""=m
San Luis ~
Obispo,
STATEMENT OF: ^~,^C:Lt�-Of.'Sazl.Iaujs' ---------
----- San- LxLs.. --- la]-U-omia --------- �
---~^-~.'--- ........ ------------
Escrow N*... ---
-'-^'^--'--'~~~``---'----~-~----------^--'
-^---~-'~~------~~---~^^~--------------'
Date. ..... --`~_-- ... �-.__--_- ... -----^-_-_.`-_
Cash Received
Demand for Deed
66 Mortgage or Trust Deed
Policy of Tide Insurance
Policy of Tide Insurance
New Owner Fee
Escrow Fee
'7
eco
Stamps
Pro-rnta Insurance
..J�ci al Search
Street Bonds
Tax Service
Taxes
Transfer of Water Stock
Officer
-= S.C.B.T.U. No. 9diev.
�l?I'I'�Il � il'' `ff�- •' VIJP'r,.;iiiil 11 +ilfl ''r �J � I'�i 111x.
PRE EV19 VA$X REPORT Phone 1015
Issued for Sole Use of 1119 Chorro Street
SAN LUIS OBISPO, CALIFORNIA
CITY OF SAN LUIS OBISPO
SAN LUIS OBISPO, CALIFORNIA
L
I
in connection with our Order No. 23931 , Your No. , preliminary to issuance of the Compares
Policy of Title Insurance in its usual form showing title as herein set forth, provided no change
occurs subsequent to the date hereof.
Preliminary examination may include matters not shown of record and report thereof is accordingly issued only as an accommodation
and without liability, pending recordation, final closing and issuance of Policy in accordance with instructions in connection with the order. Stat&
ment of charges will be rendered when policy is issued or sixty days from entry of order, if policy is not issued prior to that time.
Dated as of July 25, 1946 8:00 A1K.
Security Title Insurance and Guarantee Company,
.
By-
J. E. McClure, Manager
vea"e: W. C. WICKENDEN, a single man
After Recording Deed Title Will Vest In: CITY OF SAN LUIS OBISPO, a municipal
corporation.
Subject to:
1:Taaes of the fiscal year 1946 -47, now a lien, but not yet due and payable.
2:Fasement for public utilities as shown on the map of said Tract.
DESCRIPTION
Tract No. 34, in the City of San Luis Obispo, County of San Luis Obispo, State of
California, according to map recorded in Book 5 of Maps, at page 55, records of
said County.
gl
7/29/46
P -103, 516-46
..
JIMO mt$15,000.00 - = 7U1>bW 23931_SLO Policy-of 11 a Ineuiance
j _ =
litl�_
P1
a California Corporation, herein.oalled the Company,
for a valuable consideration paid for this Policy of Title Insurance
lines Hepeby Insum
CITY OF SAN LUIS OBISPO$
a municipal corporation,
together with each successor in ownership of any indebtedness secured by any mortgage or deed of trust shown in
Schedule C, the owner of which is named as an insured; and any such owner or successor in ownership of any such
indebtedness who acquires the land described in Schedule B, or any part thereof, by lawful means in satisfaction of
said indebtedness or any part thereof, and any person or corporation deriving an estate or interest in said land, as an
heir or devisee of a named insured, or by reason of the dissolution, merger, or consolidation of a corporate named
insured, against loss or damage which the insured shall sustain, not exceeding
FIFTEEN THOUSAND AND N01100 _ — _ _ _ e _ _dollars,
by reason of title to the land described in Schedule B being vested, at the date hereof, otherwise than as herein stated;
or by reason of unmarketability of the title of any vestee to said land, at the date hereof, unless such unmarketability
exists because of defects, liens, encumbrances, or other matters shown in Schedule C; or by reason of any defect in,
or lien or encumbrance on said title, existing at the date hereof, not shown in Schedule "C; or by reason of any defect
in the execution of any mortgage or deed of trust shown in Schedule C securing an indebtedness, the owner of which is
insured by this policy, but only insofar as such defect affects the lien or charge of such mortgage or deed of trust
upon said land; or by reason of priority, at the date hereof, over any such mortgage or deed of trust, of any lien or
encumbrance upon said land, except as shown in Schedule C; all subject, however, to Schedules A, B, C and D and
the stipulations herein, all of which schedules and stipulations are hereby made a part of this policy.
In lWitness Ulepeof, Security Title Insurance and Guarantee Company has caused its corporate
name and seal to be hereunto affixed by its duly authorized officers, this 16th day of September,
1946, at 10:10 otclock A.M. _ -- --
Secupity`fitle Insupance and 8ua.pantaa gompang
By
President.
Attest: 0;11114
Assistant Secretary.
SCHEDULE A
The title to said land is at the date hereof vested in
CITY OF SAN LUIS OBISPO,
a municipal corporation,
-Form P103 -A 11 -16-04
SCHEDULES B and C
Description of the land, title to which is insured by this policy; designated hereafter as `B."
Liens and encumbrances to which said title is subject, shown in the order of their priority, and defects and
other matters to which said title is subject; designated hereafter as "C."
«B»
Tract No. 34, in the City of San Luis Obispo, County of San Luis Obispo,
State of California, according to map recorded July 1. 1941 in Book 5 of
Maps, at page 55, records of said County.
tic"
1. Taxes for the fiscal year 1946_47, now a lien, but not yet due and
payable.
2. Easement for public utilities as shown on the map of said Tract.
. P -303 -B 3- 26.46. 20M
SCHEDULE D
The Company does not, by this policy, insure
1. Easements or liens which are not shown by the pu
of the county, or (c) of the city, in which said land
2. Rights or claims of persons in possession of said la
constructive notice.
3. Any facts, rights, interests, or claims which are not
lice, but which could be ascertained by an inspection
thereof, or by a correct survey.
4. Mining claims, reservations in patents, water rig
5. Any governmental acts or regulations restricting,
building or structure thereon.
against loss by reason of:
pub records (a) of the District Court of the Federal District, (b)
or any part thereof is situated.
nd which are not shown by those public records which impart
shown by those public records which impart constructive no-
of said land, or by making inquiry of persons in possession
hts, claims or title to water.
regulating or prohibiting the occupancy or use of said land or any
STIPULATIONS
SCOPE OF 1. This policy does not insure against, and the Com-
COVERAGE pany will not be liable for loss or damage created by
or arising out of any of the following: (a) defects,
liens, claims, encumbrances, or other matters which result in no
pecuniary loss to the insured; (b) defects, liens, encumbrances, or
other matters created or occurring subsequent to the date hereof;
(c) defects, hens, encumbrances, or other matters created or
suffered by the insured claiming such loss or damage, or existing at
the date of this policy and known to the insured claiming such
loss or damage, either at the date of this policy or at the date such
insured claimant acquired an estate or interest insured by this
policy, unless such defect, lien, claim, encumbrance, or other matter
shall have been disclosed to the Company in writing prior to the
issuance of this policy. Any rights or defenses of the Company
against a named insured shall be equally available against any
person or corporation who shall become an insured hereunder as
successor of such named insured.
DEFENSE OF 2, The Company at its own cost shall defend the
ACTIONS insured in all actions or proceedings against the
insured founded upon a defect, lien, encumbrance,
or other matter insured against by this policy, and may pursue such
litigation to final determination in the court of last resort. In case
any such action or proceeding shall be begun, or in case knowledge
shall come to any insured of any claim of title or interest adverse
to the title as insured, or which might cause loss or damage for
which the Company shall or may be liable by virtue of this policy,
such insured shall at once notify the Company
NOTICE OF thereof in writing. If such notice shall not be given
ACTIONS OR to the Company at least five days before the ap-
CLAIMS TO pearance day in any such action or proceeding, or
BE GIVEN BY if such insured shall not, in writing, promptly
THE INSURED notify the Company of any defect, lien, encum-
brance, or other matter insured against, or of any
such adverse claim which shall come to the knowledge of such
insured, in respect to which loss or damage is apprehended, then
all liability of the Company as to each insured having such notice
in regard to the subject.of such action, proceeding, or claim shall
cease and terminate; provided, however, that failure to so notify
shall in no case prejudice the claim of any insured unless the
Company shall be actually prejudiced by such failure. The Com-
pany shall have the right to institute and prosecute any action or
proceeding or do any other act which, in its opinion, may be
necessary or desirable to establish the title, or any insured lien
or charge, as insured. in all cases where this policy permits or
requires the Company to prosecute or defend any action or pro-
ceeding, the insured shall secure to it in writing the right to so
prosecute or defend such action or proceeding, and all appeals
therein, and permit it to use, at its option, the name of the insured
for such purpose. Whenever requested by the Company the in-
sured shall assist the Company in any such action or proceeding,
in effecting settlement, securing evidence, obtaining witnesses, pros -
ecuting or defending such action or proceeding to such extent and
in such manner as is deemed desirable by the Company, and the
Company shall reimburse the insured for any expense so incurred.
The Company shall be subrogated to and be entitled to all costs
and attorney's fees incurred or expended by the Company, which
may be recoverable by the insured in any litigation carried on by
the Company on behalf of the insured. The word "knowledge" in
this paragraph means actual knowledge, and does not refer to con-
structive knowledge or notice which may be imputed to the insured
by reason of any public record or otherwise.
OPTION TO PAY, 3. The Company reserves the option to pay,
SETTLE, OR COM- settle, or compromise for, or in the name of,
PROMISE CLAIMS the insured, any claim insured against or to
pay this policy in full at any time, and pay.
ment or tender of payment of the full amount of this policy, to-
gether with all accrued costs which the Company is obligated
hereunder to pay, shall terminate all liability of the Company
hereunder, including all obligations of the Company with respect -
to any litigation pending and subsequent costs thereof.
SUBROGATION 4. Whenever the Company shall have settled
UPON PAYMENT a claim under this policy, it shall be subrO-
OR SETTLEMENT gated to and be entitled to all. rights, secur-
ities, and remedies which the insured would
have had against any person or property in respect to such claim,
had this policy not been issued. If the payment does not cover the
loss of the insured, the Company shall be subrogated to such rights,
securities, and remedies in the proportion which said payment bears
to the amount of said loss. In either event the insured shall trans-
fer, or cause to be transferred, to the Company such rights, securi-
ties, and remedies, and shall permit the Company to use the name
of the insured in any transaction or litigation involving such rights,
securities, or remedies.
OPTION TO PAY 5. The Company has the right and option,
INSURED OWNER in case any loss is claimed under this
OF INDEBTEDNESS policy by an insured owner of an indebted -
AND BECOME OWNER ness secured by mortgage or deed of trust,
OF SECURITY to pay such insured the indebtedness of
the mortgagor or trustor under said mort-
gage or deed of trust, together with all costs which the Company
is obligated hereunder to pay, in which case the Company shall
become the owner of, and such insured shall at once assign and
transfer to the Company said mortgage or deed of trust and the
indebtedness thereby secured, and such payment shall terminate
all liability under this policy to such insured.
NOTICE 6. A statement in writing of any loss or damage for
OF LOSS which it is claimed the Company is liable under this
policy shall be furnished to the Company within sixty
days after such loss or damage shall have been ascertained. No
action or proceeding for the recovery of any such
LIMITATION loss or damage shall be instituted or maintained
OF ACTION against the Company until after full compliance
by the insured with all the conditions imposed on
the insured by this policy, nor unless commenced within twelve
months after receipt by the Company of such written statement
PAYMENT OF 7, The Company will pay, in. addition to any
LOSS AND COSTS loss insured against by this policy, all costs im-
OF LITIGATION. posed upon the insured In litigation carried on
INDORSEMENT by the Company for the insured, and in htiga-
OF PAYMENT tion carried on by the insured with the written
ON POLICY authorization of the Company, but not other-
wise. The liability of the Company under this
policy shall in no case exceed, in all, the actual loss of the insured
and costs which the Company is obligated hereunder to pay, and
in no case shall such total liability exceed the amount of this
policy and said costs. All payments under this policy shall reduce
the amount of the insurance pro Canto, and payment of loss or
damage to an insured owner of indebtedness shall reduce, to that
extent, the liability of the Company to the insured owner of said
land. No payment can be demanded by any insured without pro-
ducing this policy for indorsement of such payment.
MANNER OF B, Loss under this policy shall be payable, first,
PAYMENT OF to any insured owner of indebtedness secured by
LOSS TO mortgage or deed of trust shown in Schedule. C,
INSURED in order of priority therein shown, and if such
ownership vests in more than one, payment shall be made ratably
as their respective interests may appear, and thereafter, any loss
shall be payable to the other insured, and if more than one, then
to such insured ratably as their respective interests may appear.
If there be no such insured owner of indebtedness, any loss shall
be payable to the insured, and if more than one, to such insured
ratably as their respective interests may appear.
WRITTEN INDORSE- 9, No provision or condition of this policy
MENT REQUIRED TO can be waived or changed except by writing
CHANGE POLICY indorsed hereon or attached hereto signed
by the President, a Vice President, the
Secretary, or an Assistant Secretary of the Company.